TERMS AND CONDITIONS

- APPLICABLE TO CONSUMERS FOR THE USE OF THE WEB SHOP AT WWW.WEBSHOP.OLELYNGGAARD.COM (THE “WEB SHOP”)

Valid from 15 November 2014.

INTRODUCTION

These terms and conditions apply to consumers who purchase products on this Web Shop, which is owned and run by Ole Lynggaard Retail Denmark ApS company registration no. 31475708, Hellerupvej 15B (hereinafter “OLE LYNGGARD COPENHAGEN”, “we” or “us”).

We recommend that you carefully read through these terms and conditions before you purchase on our Web Shop.

We draw in particular your attention to any italicized text.

PURCHASE ORDERS

You may place purchase orders 24 hours a day on our Web Shop. Orders are processed between 8.00 AM and 4.00 PM, (GMT +1). Any orders made outside of this period of time will be processed the following workday.

When you place a purchase order, you will receive a receipt by email. Please note that such receipt is not an order confirmation and we are not bound by your purchase order at this stage. A binding agreement is made between you and OLE LYNGGARD COPENHAGEN when you receive an order confirmation.

It is your responsibility to ensure that all customer information which you provide to us is correct as we do not validate such information.

PAYMENT

You cannot be invoiced for more than the amount you have approved and which appears on the order confirmation.

All prices shown on the Web Shop are including VAT (25%) and delivery costs. Prices are shown in your local currency.

We accept the credit cards shown at the bottom of our Web Shop.

When using a credit card, payment takes place immediately upon invoicing.

We handle your credit card information with confidentiality, and we never store your credit card information. Our payment provider hosts the form where you enter your credit card details and therefore we never see your credit card information. We do this to ensure your security. Our Web Shop only stores transaction data needed for us to make the withdrawal from your account when shipping the product to you.

All customers paying by card are subject to validation checks. OLE LYNGGAARD COPENHAGEN reserves the right to delay any order if fraud is suspected.

Refunds can only be processed to the credit card used in the original purchase.

DELIVERY

If your order requires delivery to another EU country than Denmark, the regulations regarding the free movement of products apply, so you will be liable to pay Danish VAT but no customs duty.

All products are delivered to you by FEDEX or DHL where possible. OLE LYNGGAARD COPENHAGEN reserves the right to deliver goods via a local subsidiary in some markets.

If the order contains more than one item, we only ship the order, when all items are available.

RIGHT OF WITHDRAWAL

You are entitled to withdraw from your purchase order within 14 days counted from the date when the products were delivered to you. You may exercise your right of withdrawal without stating any reasons by sending us a notification by mail or e-mail. You may choose to use the model withdrawal form which you will find at the bottom of this document but that is not a requirement.

Please note that you may not exercise your right of withdrawal by refusing to receive the product or by not collecting your product from the carrier.

To avoid delays and errors, we ask that you include the order number in the notification.

NOTICE: The right of withdrawal does not apply to products made/personalized to your specifications.

You must send back the product to the same address, without undue delay and in any event no later than 14 days from the day on which you communicated your decision to withdraw from the purchase agreement. We may ask for documentation showing, that the product(s) have been shipped before the expiry of the deadline.

We prefer that international orders are returned to us via FEDEX or DHL to ensure that they are protected and insured during transit. However, you may return the goods to us by any secure means. Return freights must be paid by yourself.

Any returns by delivery it must be properly packaged. You are responsible for any incurred damages during the transportation of the product unless the product was mistakenly delivered to you or if the product was already damaged when it was delivered to you. Please note that you shall bear the cost of returning the product. It is not possible to determine the cost for returning the product in advance as this depends on the weight of the package and choice of transportation etc.

Returned products should be in good and undamaged condition. You are therefore liable for any diminished value of the product resulting from the handling of the product beyond what is necessary to establish the nature, characteristics and functioning of the product. We will determine the value of the returned product based on the following guidelines for diminished value:

No sign of use of the product and the packaging is intact: 0 %.

Minor signs of use of the product and/or of the original packaging: approx. 25 %.

Visible signs of use of the product and/or missing or damaged original packaging: approx. 50 %.

All payments will be reimbursed without undue delay and in any event no later than 14 days from the day on which you have notified us on your decision to withdraw from your purchase. However, we reserve the right to withhold payments until we have received the product for inspection or until you have proven that the product is returned.

If you withdraw from your purchase order in accordance with these conditions we will refund the purchase price. However, any diminished value will be deducted. Unless you have stated otherwise we will reimburse you by using the same means of payment which you used for the initial transaction.

NOTICE: The right to demand reimbursement does not include fees on the use of credit cards or other payment instruments imposed on us by third parties.

If you wish to know more about your right to withdrawal, we recommend that you visit the official website of the Danish Competition and Consumer Authority: http://en.kfst.dk/Consumer.

COMPLAINTS

We aim to have happy and satisfied customers. We therefore encourage you to contact us if there are any problems with the products you have purchased.

In accordance with the Danish Sale of Goods Act, as a consumer you have a 24 month claim period, which means that if the product is not in conformity with the purchase agreement you may:

require remedy of the lack of conformity;

require delivery of substitute products that are in conformity with the purchase agreement;

require an appropriate reduction of the purchase price; or

declare the purchase agreement avoided unless the lack of conformity is immaterial.

Of course, the above remedies presuppose that your claim is justified and that the lack of conformity is not due to erroneous use of the product or other damaging conduct.

You shall give OLE LYNGGAARD COPENHAGEN notice of the lack of conformity within a reasonable time after you have discovered the lack of conformity. Any notice given within a period of two months after which you have discovered the lack of conformity is a timely notice.

Complaints of any nature must be sent to the following address by either mail or email:

When you return the product, please enclose a copy of the invoice you received earlier including a note stating what your complaint concerns.

You may also submit a complaint to the Consumer Complaint Board http://www.forbrug.dk/Artikler/Om-forbrugdk/About-forbrugdk?tc=16F5FC6253B742199D45CFE928DC82CC

COLOURS

OLE LYNGGAARD COPENHAGEN cannot guarantee that colours on the Web Shop will be 100% true to life. This depends partly on the colour settings of your computer and monitor as well as the fact that natural gemstones may vary in lustre and colour. Minor colour and/or lustre deviations are not considered a defect.

PERSONAL DATA

We collect process and store data in accordance with the Danish Data Protection Act.

All personal information saved at the Web Shop will be handled with the utmost confidentiality.

When registering with the site, you have the option not to receive any information from OLE LYNGGAARD COPENHAGEN.

The information stored will not be sold or used for any other purposes than ensuring the best service possible. It will be used solely for:

THE EXECUTION OF ORDERS IN OUR WEB SHOP:

The sending of order confirmations

The sending of products

Complaints

Returns

THE EXECUTION OF PAYMENTS IN CONNECTION WITH ORDERS IN OUR WEB SHOP:

Payment information in connection with the verification and execution of payments

Returns

Data is transmitted in encrypted format and in accordance with industry standards

PROFILES OR USER ACCOUNTS:

Management of profiles or user accounts

NEWSLETTERS:

Distribution of newsletters

MARKETING, INVITATIONS FOR EVENTS, ETC.:

Marketing of our products

Special offers

Invitations for and information about events, pre-sales, etc.

Please note that the use referred to above will take place only with your prior express consent, unless legislation allows us to contact you without your prior consent.

Your data will be deleted when we no longer need to process the data to fulfil one or more of the purposes mentioned above. Your data may be processed and stored for longer in an anonymous form.

COOKIES

A cookie is a small text file which is stored on the user's IT equipment (such as a PC, tablet, smartphone, etc.) allowing the website to recognize the equipment. Cookies may for instance be used for the purpose of preparing statistics of the users' website use and for optimisation of website contents. A cookie is a passive file and cannot collect information from the user's computer or spread computer virus or other harmful programs. Some cookies are placed by websites (third parties) other than the one stated in browser's address line (the URL). The contents of such cookies may be of a general nature, but they may also be, for example, analytical tools or embedded comment fields. This means that cookies are stored from parties other than the one owning the website.

Some cookies are created temporarily and expire at the end of the user session when the browser is closed (session cookies). Other cookies are stored on the user's IT equipment for a longer period of time (persistent cookies). When the user revisits a website, new session cookies will be placed in the temporary memory, whereas a persistent cookie will be renewed.Cookies are used on the Web Shop to improve your browsing experience. In addition to use for statistical purposes, the cookies identify your computer and allow the site to recall your personal settings. Furthermore, we use cookies to execute orders in our Web Shop.

Cookies can be deleted. How to delete or decline cookies depends on your browser.If you use a PC, you may delete cookies by using the shortcut keys [CTRL]+[SHIFT]+[Delete].If this does not work, or if you use, for example, a MAC computer, you must click on the link in the browser you use:

Internet ExplorerMozilla FirefoxGoogle ChromeOperaSafariFlash cookies

All Danish websites are under the obligation to inform users about the cookies placed on the user’s IT equipment. The information must be in accordance with the "Executive Order on Information and Consent required in case of Storing or Accessing Information in End-user Terminal Equipment" (bekendtgørelse om krav til information og samtykke ved lagring af og adgang til oplysninger i slutbrugeres terminaludstyr) (generally referred to as the “Executive Order on Cookies” (cookiebekendtgørelsen)).

CHOICE OF LAW

These terms and conditions and any purchase agreement between you and OLE LYNGGARD COPENHAGEN is governed by Danish law, except for rules on choice of law and CISG.

DISCLAIMER

OLE LYNGGAARD COPENHAGEN cannot promise that the content of the Web Shop is free of inaccuracies or typographical errors at all times. Neither can we guarantee that all information is up-to-date. OLE LYNGGAARD COPENHAGEN may, at any time, amend the content of the Web Shop.

Although OLE LYNGGAARD COPENHAGEN strives to display the correct texts, images and pricing on the Web Shop, errors may occur. If you have been charged the wrong amount in the Web Shop, OLE LYNGGAARD COPENHAGEN will give you the option of placing a new order with the correct price or cancelling your order. OLE LYNGGAARD COPENHAGEN, however, reserves the right to cancel any order prior to dispatch should we find that the purchase is based on erroneous information, including incorrect pricing. In such case we will notify you by email. If we are unable to contact you, your order will be cancelled automatically.

Furthermore, sold out products and force majeure, including delivery failure due to our suppliers.